STATE v. OARY

900126; CA A67230.

820 P.2d 857 (1991)

109 Or.App. 580

STATE of Oregon, Respondent, v. Lawrence Lee OARY, Appellant.

Court of Appeals of Oregon.

Decided November 13, 1991.


Attorney(s) appearing for the Case

Guy B. Greco, Newport, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


ROSSMAN, Judge.

Defendant challenges the sentence of imprisonment that he received after his conviction for DUII, a class A misdemeanor. ORS 813.010. We remand for resentencing.

The trial court sentenced defendant to 90 days in jail, with 82 days suspended. However, the court also suspended imposition of sentence, placed defendant on three years probation and, as a condition of probation, sentenced him to 90 days...

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